Effective August 15, 2011
Louisiana Governor Bobby Jindal recently signed Act No. 402 into law amending and reenacting La. R.S. 23:995 to provide civil penalties for anyone who employs, hires, recruits, or refers an “alien who is not entitled to lawfully reside or work in the United States.”
The law protects Louisiana employers who verify the “citizenship or work authorization status of every employee” using the United States Citizenship and Immigration Services (USCIS) E-Verify system.
Penalties for non-compliance include: first violation – $500 for each alien employed, hired, recruited, or referred in violation of the law; second violation – $1,000 for each alien employed, recruited, etc.; third violation – suspension of the violator’s business permit or license for up to six months and a $2,500 fine.
Employers must input information from the employee’s completed Form I-9 into the E-Verify system within three (3) days of hire.
Laws requiring use of E-Verify by employers have been enacted in half of the states in the United States, including Louisiana, Mississippi, Alabama, Georgia, and Florida. The United States Supreme Court recently upheld a similar Arizona law in Chamber of Commerce v. Whiting, and held that Arizona’s requirement that employers use E-Verify did not conflict with federal law. Federal law requires federal contractors to use E-Verify.
Canal HR Business Services now offers its services as E-Verify Employer Agent to assist its clients with their E-Verify obligations. Please contact Canal HR for more information on how we can help you.